ML20137V577

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Discusses Review Re Proposed Changes to Washington Decommissioning Requirements as Contained in Ltr to All Radioactive Matls Licensees,
ML20137V577
Person / Time
Issue date: 04/04/1997
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Frazee T
WASHINGTON, STATE OF
References
NUDOCS 9704170346
Download: ML20137V577 (5)


Text

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4s APR - 41997._

Mr. Terry C. Frazee, Supervisor Radioactive Materials Section Department of Health State of Washington P.O. Box 47827 1 Olympia, WA 98504-7827 i

Dear Mr. Frazee:

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We have reviewed the proposed changes to the Washington decommissioning requirements, as contained in the letter to all Radioactiu Materials Licensees dated January 28,1997. The proposed rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 30 and 40.

As the result of the review we have no comments. Under our current procedure, a finding that a rule meets the compatibility requirements may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rules were adopted without significant change, they would be compatible.

We request that when the proposed rules are adopted and published as final rules, a copy of the "as published" rules be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Compatibility Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322.

Sincerely, Original Signed by Patricia Larkins for Paul H. Lohaus, Deputy Director Office of State Programs

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Mr. Terry C. Frazee, Supervisor 4

Radioactive Materials Section

Department of Health j State of Washington
P.O. Box 47827

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Olympia, WA 98504-7827 i

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Dear Mr. Frazee:

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l r We have reviewed the proposed changes to the Washington decommissioning requirernents, as contained in the letter to all Radioactive Materials Licensees dated January 28,1997. The

]; proposed rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR

! Part 30 and 40.

i l l As the result of the review we have no comments. Under our current procedure, a t'nding i that a rule meets the compatibility requirements may only be made based on a review of the final text of the rule. However, we have determine.d that if the proposed rules were adopted j without significant change, they would be compatit84.

j- We request that when the proposed rules are adopted and published as final rules, a copy of j the "as publishod" rules be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahlicht Chanoes to Aareement State Reaulations 4 Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final j changes and send one copy in a computer readable format, if possible.

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) If you have any questions regarding the comments or any of the NRC rules used in the j review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322-i Sincerely,

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{ Paul H. Lohaus, Deputy Director j Office of State Programs i

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Mr. Terry C. Frazee, Supervisor l Radioactive Materials Section Department of Health i State of Washington . I P.O. Box 47827 Olympia, WA 98504-7827 l

Dear Mr. Frazee:

We have reviewed the proposed changes p the Washington decommissioning requirements, as contained in the letter to all Radioactive hiaterials Licensees dated January 28,1997. The proposed rules were reviewed by compariso to the equivalent NRC regulations in 10 CFR Part 30 and 40. i As the result of the review we have no comm ts. Under our current procedure, a finding that a rule meets the compatibility requirement may only be made based on a review of the final text of the rule. However, we have determ ed that if the proposed rules were adopted '

without significant change, they would be compa 'ble.

We request that when the proposed rules are adopted and published as final rules, a copy of the "as published" rules be provided to us for reviey/. As requested in our All Agreement States Letter SP-96-027, "Recuest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Comoatibility Review"(March y,1996), please highlight the final changes and send one copy in a computer readable ormat, if possible.

If you have any questions regarding the comments or ny of the NRC rules used in the review, please contact me or Mr. Richard Blanton of m staff at (301) 415-2322.

Sincerely, Paul H. Lohaus, peputy Director Office of State Pr grams Distribution:

DIR RF (7S-074) DCD (SP08) PDR (YES)

Washington File q

DOCUMENT NAME: G:\RLB\7S074LTR.R(B / D \

r3 r.c.ev. . con or ent. docum.nundicat. in m. box: c Eg6QJinoui.mnedw.b.ure r con utn an.cnmenv.hcio.ure v No ccW OFFICE OSP f MC OSF):DG l OGC l l OSP:D\ l l NAME RLBlanton:hb, MX) PLohatis FXCameron RLBangart \

DATE 03/4/R9 W 03/1 /97 04/ 2/97 04/ /97t

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OSP BACKGROUND MATERIALS FOR FILE AGREEMENT STATE REGULATIONS REVIEW RECORD Washington January 1997 Decommissioning Rule Amendment reviewed March 1997 .

Diy Definition CFR Citation State Citation Comments 2 Principal activities 30.4 (246-232-060(7)] -

Division and CFR citation Rule subiect State citation Comments 2 30.35 Financial assurance and recordkeeping for (246-235-0751  : amends 075(5)(c); equivalent to 30.35(b)(2) decommissioning  : amends 075(6)(c); equivalent to 30.35(g)(3) and

40.36 (f)93) 2 30.36 Expiration and termination of licenses and (246-232-060]  : amends 060(3) & (4); no equivalent NRC provisions (except(a)(2)] decommissioning of sites and separate buildings  : amends 060(6) thru (14); equiv to 30.36(d) thru (k) or outdoor areas  : amends 060(15); equivalent to 40.42(l)

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..4-STATE OF WASHINGTON DEPARTMENT OF HEALTH DMSION OF RADIATION PROTECTION AltdustrialCenter, Bldg. 5

  • P.O. Box 47827
  • Olympia, Washington 98504 7827 March 13, 1997 Paul Lohaus, Deputy Director U.S. Nuclear Regulatory Comission Washington, D.C. 20555

Dear Mr. us:

This is to document the most recent rulemaking activity for the Radioactive Materials Section.

i Enclosed is a copy of my January 28, 1997 memo to All Radioactive Materials deconunissioning requirements. Licensees notifying them of proposed changes relating to The Public Hearing was held February 25 and the proposed rules have been forwarded to upper management for adoption.

i The following NRC rules which have been determined to be matters of compatibility are covered in this rulemaking:

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Additional decomissioning records (58 . FR 39628) - this requirement is found in amended WAC 24 6-235-075 (6) (c) . Subsequent changes incorporated in 60 FR 38235 and

] 59 FR 36026 had been taken into account.

4 Self guarantee mechanism (58 FR 68726) - no action was taken on this compatibility item because it is covered by our WAC 24 6-235-075 (4 ) (e) which provides our licensees the option of "other methods that meet Part 30.35". Therefore we meet j this compatibility item because the self guarantee mechanism is allowed.

Timeliness in decomissioning (59 FR 36026) - this issue is covered in the amendment to WAC 246-232-060, subsections (6), (7) and (9) through (15).

Decomissioning funding clarification (60 FR 38235) -

this clarification can be found in WAC 24 6-235-075 (5) (c) and WAC 246-232-060(8).

I have been informed that you have not been receiving automatic copies of all our mass mailings. Therefore this is the first opportunity you will have had to review the proposed rulemaking needed to maintain compatibility. We will take steps to assure that future essential mailings are forwarded to you. In the meantime we would appreciate your review of the enclosed information and any coments you may have relative to their acceptability in meeting your expectations for the rules in question.

If you have any questions or any comments you can reach me at address given tbove, or by phone at (360) 753-3461, by fax (360) 753-1496, or by e-mail at tef03039 hub.doh.wa. gov.

Sincerely, b' 1 V A

O< h 703 3 Y hl'.$ $ s)( z og a . !i F S RG EBGW Terry . Frazee, Supervisor g P Radio et ye Materials Section D TCF:amw Enclosure CC: Jack Hornor g. -

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STATE OF WASHINGTON DEPARTMENT OF HEALTH 7 DIVISION OF RADIATION PROTECTION w Airdustrial Center, Bldg. 5

  • P.O. Box 47827
  • Olympia, WasWngton 98504 7827 January 28,1997 To: All Radioactive Materials Licensees r

i From: , Terry C. Frazee, Supervisor Radioactive Materials Section

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Subject:

PUBLIC HEARING ON RULE FOR DECOMMISSIONING On February 25,1997, the Department will conduct a pub'ic hearing to consider a proposed rule on license termination and related requirements for decommissianing major facilities. The hearine will be held at 10 am in the conference room of the Division of RaGation Protection Building 5. Airdustrial l Center. 7171 Cleanwater Lane. Tumwater. M Noti 6 cation of this hearing is also being published in j the Washington State Register on February 5,1997.

The proposed rule is a collection of several federal rub changes which have been deemed 'h matter of compatibility"for the Agreement States by the U. S. Nuclear Regulatory Commission. The proposed rute relates to decommissioning of facilities licensed to possess large quantities of rafoactive materials.

The proposed rule 1) requires certain licensees to prepare and maintain additional documentation identifying all areas where radioactive materials or equipment were sered or used, where unusual occurrences or spills happened, or where waste was buried (this practice w. s out-lawed in 1980 but old E licensees still need to keep records of pre-1980 burials); 2) establishea specific time periods for f decommissioning unused portions of operating facilities and for decommhsioning the entire site upon termination of operations; and 3) requires financial assurance to be maimained in place during facility operation and to be updated when the licensee decides to cease operation and begin decommissioning.

This rule would help assure that areas with potential contammation are not overlooked and that unused facilities are not left for long periods of time thus minmuzing de risk ofinadvertent public intrusion and P exposure to radiation.

h There are approximately 30 licensees affected by this proposed rule. These licensees will receive a copy of the proposed rule with this mailing. All other licensees are being sent this notice for iric mational purposes only. If you would like a copy of the proposed rule (and one is not enclosed), please e.all or write our secretary, Anna White, at (360) 753-4481 or P.O. Box 47827, Olympia, WA 98504-7827.

For other questions pertaining to this proposed rule (or to comment) you can reach me at 360-753-3461 or via e mail at TCF0303@ HUB.DOH.WA. GOV or at the same address.

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AMENDATORY SECTION (Amending Order 245, filed 2/21/92, effective 2

3/23/92) '

WAC 246-235-075 Financial assurance and recordkeeping for i decommissioning. (1) Each applicant for one of the following

] licenses shall submit a decommissioning funding plan as described

, in this section:

j (a) A specific license authorizing receipt of. radioactive waste for the purpose of volume reduction, repackaging or interim

storage.

1 (b) Receipt of contaminated articles, rap material, 4

4 equipment, ar clothing- to be decontaminated at the licensee's facility.

l (c) A specific license authorizing the possession and use of i . radioactive material of half-life greater than one hundred twenty days and in quantities for unsealed material exceeding los times and i for sealed forms exceeding 10= times the applicable quantities set i

forth in WAC 246-221-300 Appendix B (for a combination of isotopes

,the unity rule applies. A deccmmissioning funding plan will be

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required if R is greater than 1, where R is defined as the sum of i

the ratios.of the quantity for sealed and unsealed forms of each

isotope compared to the applicable value derived from WAC 246-221-

, 300).

' (d) A specific license authorizing possession and use of source material in readily dispersible form and ' in quantities greater than 10 millicuries.

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(2) Each decommissioning'fe d ng plan shall contain:

(a) A cost estimate for decommissioning facilities impacted by 1

the activities authorized in the specific license.

l (b) A description of the method of assuring funds for

decommissioning.
(c) A schedule for adjusting cost estimates and associated j funding levels periodically over the life of the facility or facilities.

i (d) A description of . hods and general procedures for performing facility decont: unation, maintaining security, and perior.ning a final radiation survey.

(e) A commitment to clean up accidental spills promptly and to begin decommissioning of the facility or facilities within twelve months of ceasing operation involving radioactive material.

(3) Each cost estimate for decommissioning shall include:

(a) A description of the facility and areas within the facility likely to require decommissioning as a result of routine operation.

(b) Anticipated labor, equipment and material costs.

(c) Anticipated waste volume.

(d) Anticipated packaging, transportation and waste diaposal Costs.

(e) An assessment of costs associated with an accident involving ;icensed material.

(4) Financial assurance for decommissioning shall be provided by one or more of the following methods:

(1] OTS-9956:1

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(a) Prepayment. Prepayment is the deposit of sufficient funds to pay decommissioning costs. Funds shall be deposited prior to i the start of operation into an account segregated from licensee assets and outside the licensee's administrative control.

Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government  !

securities. '

(b) A surety method, insurance, or other guarantee method.

These methods guarantee that decommissioning costs will be paid should the licensee default. A surety method may be in the form of a surety bond, letter of credit, or line of credit. Any surety method or insurance used to provide financial assurance for decommissioning must contain the following conditions:

(i) The surety method or insurance shall be open-ended or, if written for a specified term, such as five years, shall be renewed automatically unless ninety days or more prior to the renewal date, the issuer notifies the department, the beneficiary, and the licensee of its intention not to renew. The surety method or i

I insurance shall also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof i of forfeiture if the licensee fails to provide a replacement acceptable to the department within thirty days after receipt of notification of cancellation.

(ii) The surety method or insurance shall be payable to a trust established for decommissioning costs. The trustee and trust shall be acceptable to the department. Acceptable trustees include an appropriate state or federal government agency or an entity which has the authority to act as a trutstee and whose trust operations are regulated and examined by a f ederal or state agency.

(iii) The surety method or insurance must remain in effect until the department has terminated the license.

(c) An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund. An external sinking fund is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control. The total amount of funds in the external sinking fund shall be sufficient to pay decommissioning costs at the time termination of operation is expected. An external sinking fund my be in the form of a trust, escrow account, government fund, artificate of deposit, or deposit of government securities.

The surety or insurance provisions shall be as stated in subsection (4) (b) of this section.

(d) In the case of state or local government licensees, a statement of intent containing a cost estimate for decommissioning and indicating that funds for decommissioning will be obtained when necessary.

(e) Other methods of financial assurance as approved by the department. The department may approve other financial mechanisms submitted by the applicant or licensee provided the alternate method meets, at a minimum, the requirements of 10 C.F.R. 30.35 and associated U.S. Nuclear Regulatory Commission guidance.

(5) (a) The department shall review each decommissioning funding plan prior to license issuance and prior to license renewal.

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(b) The applicant or licensee shall incorporate department comments into its cost estimate and shall revise its financial surecy accordingly.

(c) Applicants shall obtain the appropriate financial assurance as approved by .he department prior to receipt of licensed material. The department may issue a new license if'the applicant agrees to comply with the decommissioning funding plan as approved. If the acclicant defers execution of the financial instrument until after the license has been issued, a siened oricinal of the financial inst rument obtained to satiefv the recuirements of this section shall be submitted to the decartment before receiet of licensed material.

(d) Holders of licenses issued on or before the effective date of this rule shall submit a decommissioning funding plan to the department by April 1, 1993. Licensees shall implement the financial assurance requirements within thirty days of receiving department approval of the decommissioning funding plan. Licensees shall submit copies of the financial surety within thirty days of securing the surety and annually thereafter.

(6) Each person licensed under this chapter shall keep records of information important to the safe and effective decommissioning of the facility in an identified location until the license is terminated by the department. If records of relevant information are kept for other purposes, reference to these records and their locations may be used. Information the department considers important to decommissioning consists of:

(a) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site. These records may be limited to instances when contamination remains af ter any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of possible seepage into porous materials such as concrete. These records shall include any known information on identification of involved nuclides, quantities, forms, and concentrations.

(b) As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/or stored, and of locations of possible inaccessible contamination .such as buried pipes which may be subject to contamination. If required drawings are referenced, each relevant document need not be indexed individually. If drawings are not evailable_, the licensee shall substitute appropriate records of available information concerning these areas and locations.

(c) Excent for areas containine only sealed sources (crovided the sources have not leaked or no contamination remains after anv leak) or decleted uranium used oniv for shieldinc or as eenetrators in unused munitions , or radioactive materials havire onlv half-lives of less than sixtv-five davs, a list contained in a sincle document and uedated everv two vears, of the followinc:

(i) All areas desionated and formerly desionated as restricted p_reas as defined under WAC 246-220-010-(ii) All areas outside of restricted areas that recuire dpcumentation under (a) of this subsection; (iii) All are. as outside of restricted areas where current and orevious wastes have been buried as documented under WAC 246-221-230 (8) (a) - and M (3 ]' OTS-9956:1

(ivi All areas outside of restricted areas which contain -

material such that. if the license excired, the licensee would be recuired to either decentaminate the area to unrestricted release -

levels or acciv for acoroval for discosal under WAC 246-221-180.

Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and recordc of the funding method used for assuring funds if either a funding plan or certification is used.

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AMENDATORY SECTION (Amending Order 184, filed 7/24/91, effective 8/24/91) ~

WAC 246-232-060 of sites and separateTerminationbuildinos orof licenses outdoorand decommissionine areas. (1) Each specific licensee shall immediately notify the department in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the. license and request termination of the license. This notification and request for termination of the license must include the reports and information specified in subsection (3) (c) and (d) of this s ec t ion ~. The licensee is subject to the provisions of subsections (3) and (4) of this section, as applicable.

(2) No less than thirty days before the expiration date specified in a specific license, the licensee shall either:

(a) Submit an application for license renewal under WAC 246-235-050; or (b) Notify the department in writing if the licensee decides not tc renew the license.

(3) If a licensee does not submit an application for license renewal under WAC 246-23S-050, the licensee shall on cr before the expiration date specified in the license:

(a) Terminate use of ((byproduc%)) radioactive material; (b) Properly dispose of ((byrm dues)) radioactive material; (c) Submit a completed departmental form " Certificate of disposition of radioactive material" or ecuivalent; and (d) Submit a radiation survey report to confirm the absence of radioactive materials or establish the levels of radioactive contamination, unless the department determines a radiation survey report is not necessary.

(i) If no radioactive contamination attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable radioactive contamination was found. If the information submitted under this paragraph and subsection (3) (c) and (d) of this section is adequate, the department will notify the licensee in writing that the license is terminated.

(ii) If detectable levels of radioactive contamination attributable to activities conducted under the license are found, the license continues in effect beyond the expiration date, if necessary, with respr: . to possession of residual radioactive material present as cc . amination until the department notifies the licensee in writing aat the license is terminated. During this time, the licensee s subject to the provisions of subsection (4) of this section. In addition to the information submitted under subsection (3) (c) and (d) of this section, the licensee shall submit a plan for decontamination, if necessary.

(4) Each licensee who possesses residual ( (byproduc t ) )

radioactive material under subsection (3 ) (d) (ii) of this section, following the expiration of the facility and/or equipment date specified in the license, shall:

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4 (a) se limited to actions, involving radioactive material related to decontamination and preparation for release for unrestricted use; and (b) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the department notifies the licensee in writing that the license is terminated.

The guidance contained in WAC 246-232-140, Schedule D, shall be used in making this determination.

(5) Each general licensee licensed under the provisions of WAC 246-233-020(8), shall immediately notify the department in writing when the licensee decides to discontinue all activities involving radioactive materials authorized under the general license. Such I notification shall include a description of how the generally licensed material was disposed and the results of facility surveys, if applicable, to confirm the absence of radioactive materials.

(6) Within sixty davs of the occurrence c' any of the fJ21l owine, each licensee shall orovide h p.jrtment notificat.$ on _ to the in writino of such occurrence, and either becin 1

decq nmissionine its site, or anv secarate buildinc or outdoor area l that contains residual radioactivity so that the buildino or outdoor area is suitable for release in accordance with department recuirements, or submit within twelve months of notification a decommissionina clan, if recuired by subsection (10) (a) of this ,

l section, and becin decommissionina upon accroval of that olan if:  ;

(a) The license has exoired or has been revoked by the deoartmenti or (b) The licensee has decided to permanently cease erincioal activities, as defined in this section, at the entire site or in any seoarate buildina or outdoor area that contains residual radioactivity such that the buildina or outdoor area is unsuitable i for release in accordance with decartment recuirements; or l (c) No orincioal activities under the license have been l conducted for a ceriod of twentv-four months; or i

(d) No orincioal activities have been conducted for a Deriod l of twenty-four months in any seearate buildinc or outdoor area that contains residual radioactivity such that the buildino or outdoor jlLrea is unsuitable for release in accordance with department l recuirements.

(7) As used in this section, orincioal activities means l activities authorized bv the license which are essential to achievino the Durcose(s) for which the license was issued or amended. Storace durina which no licensed material is acces_ged for use or disoosal and activities incidental to decontamination or decommissionina are not erincipal activities.

(8) Coincident with the notification recuired by subsection (6) of this section, the licensee shall maintain in effect all decommissionina financial assurances established by the licensee oursuant to WAC 246-235-075 or as recuired by this section. The amount of the financial assurance must be increased, or may be decreased, as accrocriate, to cover the detailed cost estimate for decommissionina section.

established oursuant to subsection % of this Followinc accroval of the d.ecommissionina olan, a

(/c)(dh) licensee may reduce the amount of the financial assurance as

@ commissionina croceeds and radiolecical contamination is reduced at the site with the accroval of the deoartment.

(9) The decartment may crarit a recuest to extend the time periods established in subsection (6) of this section if the

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  • ' department determines that this relief is not detrimental to the oublic health and safety and is otherwise in.the oublic interest.

The recuest must be submitted no later than thirty days before notification oursuant to subsection (6) of this section. The schedule section may for decommissionine not set forth in subsection (6) of this commence until the decartment has made a determination on the recuest.

by (10) (a) A decommissionine olan must be submitted if reauired license to carry out condition or if the crocedures and activities necessary decommissioninc of the site or seoarate buildinc or outdoor area have not been oreviously accroved by the decartment l and these procedures could increase notential health and safety imoacts to workers or to the oublic, such as in- any of the i followinc cases: '

durine(i)cleanuo Procedures would involve or maintenance techniaues not acolied routinelv coerations; i (ii) Workers would be enterina areas not normally occuoied ,

where surf ace contamination and radiation levels are sianificantly hicher(iii) than routinelv Procedures encountered durina coerationi i could result in sianificantly creater l airborne durine concentrations coeration; or of radioactive materials than are cresent l (iv) Procedures could result in sjenificantly creater releases l of radioactive material to the environment than those associated with ooeration.

l (b) The derartment may accrove an alte rnate schedule far submittal (6) of this of a decommissioninc section if olan recuired oursuant to subsection l the der,4rtment determines that the alternative schedule is necessary to the effective conduct of decommissionina coerations and oresents no undue risk from l radiation to the oublic health and safety and is otherwise in the l oublic interest. l (c) Procedures such as those listed in (a) of this subsection with notential health and safety imoacts may not be carried out orior to accroval of the decommissioninc olan.  !

(d) The crocosed decommissionine olan for the site or separate l buildinc or outdoor area must include:

(i) A descriotion of the conditions of the site or separate  !

j buildina or outdoor area sufficient to evaluate the acceotabilitv 2f the olan:  !

(ii) A descriotion of clanned decommissioninc activities; (iii) A descriotion of methods used to ensure orotection of workers and the environment acainst radiation hazards durino l 1

decommissionine; (iv) A descriotion of the olanned final radiation survev; i (v) An updated detailed cost estimate for decommissionina,  ;

i comoarison of that estimate with oresent funds set aside for decommissioninc. and a clan for assurina the availability of adeauate funds for comoletion of decommiceioninc; (vi) A description of the ohvsical security olan and material i control and accountino olan orovisions in olace durina decommissionine; i (vii) For decommissioninc olans callina . comoletion of decommissionine later than twenty-four months af ter clan accroval.

the olan shall include a iustification for the delav based on the I l

criteria in subsection (12) of this section. l l

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a decartment (e) Theifcrocosed decommissionino olan will be acoroved bv' the the information therein demonstrates that the decommissioninc will be comoleted as soon as o.racticable and that the health and safety of workers and the oublic will be adecuatelv erotected.

(11)(a) Except as orovided 'in subsection (12) of this section, licensees shall comolete decommissionina of the site or seoarate buildinc or outdoor area as soon as oracticable but no later than twenty-four months followine the initiation of decommissionina.

(b) Exceot as Drovided in subsection (12) of this section, when decommissionine involves the entire site, the licensee shall recuesttwenty-four license termination as soon as oracticable but no later than months followine the initiation of decommissionino.

(12) The deoartment may accrove a recuest for an alternative schedule for comoletion of decommissionino of the site or separate buildina or outdoor area, and license termination if acorooriate, if the decartment determines that the alternative is warranted by consideration of the followinor n (a) Whether it is technica11v- feasible to comolete i decommissionine within the allotted twenty-four-month ceriod; Jb) Whether sufficient waste discosal capacity is available to allow comoletion of decommissionine within the allotted twentv-four-month ceriod:

(c) Whether a sienificant volume reduction in wastes recuirino discosal will be achieved by allowine short-lived radionuclides to decavr (d) Whether a sianificant reduction in radiation exoosure to workers can be achieved by allowine short-lived radionuclides to decav; and (e) Other site-soecific factors which the decartment may consider anorooriate on a case-by-case basis, such as the reculatory recuirements of other covern'nent acencies, lawsuits, around water treatment activities, monitored natural cround water restoration, actions that could result in more environmental harm than deferred cleanuo, and other factors bevond the control of the licensee.

(13) As the final sten in decommissionina, the licensee shall:

(a) Certify the disoosition of all licensed material.

includina accumulated wastes, by submittina a comoleted certificate of disoosition of radioactive material or ecuivalent information Alld (b) -Conduct a radiation survey of the cremises where the licensed activities were carried out and submit a report of the results of this survev unless the_ licensee demonstrates that the cremises are suitable for release in some other manner. The licensee shall, as aceroeriate:

(i) Reoort levels of camma radiation in units of millisieverts (microrcenteen). Der hour at one meter from surfaces, and recort levels of radioactivity, includine aloha and beta, in units of mecabecouerels (disintecrations ner minute or microcuries) cer one hundred scuare centimeters--removable and fixed--for surfaces, mecabecouerels (microcuries) Der milliliter for water, and becauerels (oicocuries) cer cram for solids such as soils or concrete; and (ii) Soecify the survey instrument (s) used and certify that each instrument is crocerly calibrated and tested,

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  • (14) Soecific licenses, includina exoired licenses, will be terminated by written notice to the licensee when the deoartment l determines that: '

(a) Radioactive material has been crocerly diseased _t (b) Reasonable effort has been made to eliminate residual radioactive contamination, if oresent: and ,

(c) (i) A radiation survey has been oe rformed which demonstrates that the cremises are suitable for release in I

accordance with deoartment recuirements or (ii) Other information submitted by the licensee is suf ficient to demonstrate that the cremises are suitable for release in accordance with deoartment recuirements.

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l (15) Soecific licenses for uran.ium and thorium milline are exemot from subsections (6) (d) , (9) and (10) of this section with '

rsscect to reclamation of tailines imooundments and/or waste discosal areas.

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l 3 (5 ] OTS-995c:2

NRC Form B-C (4-19)

NRCM 0240 COVER SHEET FOR CORRESPONDENCE Use this Cover Sheet to Protect Originals of Multi Page Correspondence.

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